(a)Group 1.

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Terms Used In Tennessee Code 8-36-201

  • Accumulated contributions: means the sum of all the amounts deducted from the compensation of a member, together with any amount transferred to the account of the member established pursuant to chapters 34-37 of this title from the respective account of the member under one (1) or more of the superseded systems, with interest thereon, as provided in §. See Tennessee Code 8-34-101
  • Creditable service: means prior service plus membership service, as provided in part 6 of this chapter. See Tennessee Code 8-34-101
  • Earnable compensation: includes , but is not limited to, any bonus or incentive payment. See Tennessee Code 8-34-101
  • Employer: means :
    (A) The state or any department, commission, institution, board or agency of the state government by which a member is paid, with respect to members in its employ. See Tennessee Code 8-34-101
  • General employee: means any person who is a state official, including legislative officials elected by the general assembly, or who is employed in the service of, and whose compensation is payable in whole or in part by, the state, including employees under supervision of the state whose compensation is paid, in whole or in part, from federal or other funds, or any person in the employ of a political subdivision participating under chapter 35, part 2 of this title, or of the Tennessee County Services Association, but does not include any teacher, state police officer, wildlife officer, firefighter, police officer, state judge, county judge, attorney general, governor, or county official or public service commissioner, or any person performing services on a contractual or percentage basis. See Tennessee Code 8-34-101
  • Internal Revenue Code: means the Internal Revenue Code of 1986, codified in United States Code, title 26, as amended. See Tennessee Code 8-34-101
  • Member: means any person included in the membership of the retirement system, as provided in chapter 35, part 1 of this title. See Tennessee Code 8-34-101
  • Retirement: means withdrawal from membership with a retirement allowance granted under chapters 34-37 of this title. See Tennessee Code 8-34-101
  • Retirement allowance: means the sum of the member annuity and the state annuity. See Tennessee Code 8-34-101
  • Retirement system: means the Tennessee consolidated retirement system as defined in §. See Tennessee Code 8-34-101
  • Service: means service as a general employee, a teacher, a state police officer, a wildlife officer, a firefighter, a police officer, a state judge, a county judge, an attorney general, a commissioner or a county official which is paid for by an employer, and also includes service for which a former member of the general assembly is entitled to under former §. See Tennessee Code 8-34-101
  • State: means the state of Tennessee. See Tennessee Code 8-34-101
  • Superseded system: means , where applicable, the Tennessee state retirement system, the Tennessee teachers' retirement system, the Tennessee judges' retirement system, the retirement system for county paid judges of Tennessee, the attorneys general retirement system of Tennessee, the public service commissioners' retirement system, and the Tennessee retirement system for county officials, any one (1) of them, or any combination thereof. See Tennessee Code 8-34-101
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) Any member in Group 1 shall be one hundred percent (100%) vested in the member’s service retirement benefit upon attainment of sixty (60) years of age or upon completion of thirty (30) years of creditable service; provided, that any member of Group 1 who became a member of the retirement system on or after January 1, 1992, must have five (5) years of creditable service.
(2) Any member in Group 1 who has creditable service in a Group 1 position covered by the mandatory retirement provisions of § 8-36-205 and who is entitled to the supplemental bridge benefit established pursuant to § 8-36-211 shall be eligible for service retirement upon attainment of fifty-five (55) years of age and upon completion of twenty-five (25) years of creditable service; provided, that the service rendered while the member was in a Group 1 position covered by the mandatory retirement provisions shall be independent of all other creditable service for the purpose of calculating the member’s retirement benefits under § 8-36-206.
(b)Group 2.

(1) Any member in Group 2 shall be one hundred percent (100%) vested in the member’s service retirement benefit upon satisfying one (1) of the following:

(A) Attainment of sixty (60) years of age; provided, that any member of Group 2 who became a member of the retirement system on or after July 1, 1979, must have ten (10) years of creditable service; or
(B) At any age upon completion of thirty (30) years of creditable service; provided, that this subdivision (b)(1)(B) shall be optional for political subdivisions participating under chapter 35 of this title.
(2)

(A) Any member in Group 2 shall be eligible for an unreduced service retirement upon attainment of fifty-five (55) years of age or completion of twenty-five (25) years of creditable service; provided, that within ninety (90) days of July 1, 1985, such member irrevocably elects to contribute five percent (5%) of such member’s earnable compensation in addition to the contributions required by § 8-37-202. An employee or elected or appointed official of this state or any political subdivision thereof who is convicted in any state or federal court of a felony arising out of the employee’s or official’s employment or official capacity constituting malfeasance in office shall forfeit that employee’s or official’s retirement benefits in accordance with § 8-35-124.
(B)

(i) Any Group 2 member who elected to come under subdivision (b)(2)(A) and who continues in service after age fifty-five (55) and after completion of twenty-five (25) years of creditable service, or after completion of thirty (30) years of creditable service regardless of age shall be paid the additional contributions made by such member under subdivision (b)(2)(A) within ninety (90) days after the member’s filing with the retirement division a written request therefor. Any Group 2 member filing such a request shall cease to make and have deducted from such member’s compensation the additional contributions required under subdivision (b)(2)(A).
(ii) This subdivision (b)(2)(B) does not apply to any member whose Group 2 service was rendered to a political subdivision unless the governing body of such political subdivision passes a resolution authorizing the return of contributions pursuant to this subdivision (b)(2)(B).
(c)Group 3. Any member in Group 3 shall be one hundred percent (100%) vested in the member’s service retirement benefit upon attainment of sixty-five (65) years of age; provided, that any member of Group 3 who became a member of the retirement system on or after July 1, 1979, must have ten (10) years of creditable service. Any member in Group 3 shall be eligible for an unreduced service retirement upon attainment of fifty-five (55) years of age and completion of twenty-four (24) years of creditable service or upon completion of thirty (30) years of creditable service.
(d)Group 4. Any member in Group 4 shall be one hundred percent (100%) vested in the member’s service retirement benefit upon attainment of sixty (60) years of age with eight (8) years of creditable service. Any member in Group 4 shall be eligible for an unreduced service retirement upon the attainment of fifty-five (55) years of age with twenty-four (24) years of creditable service.
(e) No member of the general assembly shall be eligible for a retirement allowance before fifty-five (55) years of age except in the case of a disability.
(f) Any state general employee shall be one hundred percent (100%) vested in the employee’s service retirement benefit upon attainment of sixty (60) years of age and the establishment of a minimum of seven (7) years of creditable service rendered during twenty (20) years of part-time employment.
(g)

(1) Notwithstanding any other law to the contrary, any member in Group 1 who was previously a member of the superseded state retirement system in a classification that provides a service retirement benefit after twenty-five (25) years of service shall be eligible for a service retirement benefit upon completion of twenty-five (25) years of creditable service; provided, that such member must have reestablished service withdrawn from such superseded system and that within ninety (90) days of July 1, 1989, such member irrevocably elects to contribute five percent (5%) of such member’s earnable compensation in addition to the contributions required by § 8-37-202.
(2) Any Group 1 member who elected to come under subdivision (g)(1) and who continues in service after completion of thirty (30) years of creditable service shall be paid the additional contributions made by such member under subdivision (g)(1) within ninety (90) days after the member’s filing with the retirement division a written request therefor. Any Group 1 member filing such a request shall cease to make and have deducted from such member’s compensation the additional contributions required under subdivision (g)(1).
(h) A member shall be one hundred percent (100%) vested in the member’s accumulated contributions at all times.
(i) In the event of a full or partial termination of, or a complete discontinuance of employer contributions to, the plan, the accrued benefits of the affected members under the plan shall be one hundred percent (100%) vested and nonforfeitable to the extent funded and to the extent required by federal law.
(j) In conformity with § 401(a)(8) of the Internal Revenue Code (26 U.S.C. § 401(a)(8)) any forfeitures of benefits by members or former members shall not be used to pay benefit increases. However, such forfeitures shall be used to reduce employer contributions.
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